HomeMy WebLinkAbout1997 Ordinance No. 088BY AUTHORITY
ORDINANCE NO. z-6
SERIES OF 1997
COUNCIL BILL NO . 101
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AMENDING TITLE 5 , CHAPTER 3B , SECTION 5 ,
ENGLEWOOD MUNICIPAL CODE 1985 , TO PROVIDE FOR CONCURRENT
REVIEW BY THE ENGLEWOOD LIQUOR LICENSING AUTHORITY AND THE
STATE OF COLORADO LIQUOR ENFORCEMENT DIVISION OF NEW LIQUOR
LICENSE APPLICATIONS IN ACCORDANCE WITH THE STATE OF
COLORADO LIQUOR CODE REGULATION.
WHEREAS, The State of Colorado Liquor Code Regulation 47-137.1 (now47-324)
became effective December 1, 1996 permitting the State to review an application at the
same time as the local authority for an additional fee of $500 .00 thereby saving t he
applicant time; and
WHEREAS , amending Title 5 , Chapter 3B , Section 5 , Englewood Municipal Code
1985, will allow this concurrent review ;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. Title 5, Chapter 3B, Section 5, Englewood Municipal Code 1985, is hereby
amended by adding a new paragraph H to read as follows :
5-3B-5: Fees:
H.CONCURRENTREVIEW $500 .00
Introduced, read in full , and passed on first reading on the 17 t h day of November,
1997.
Published as a Bill for an Ordinance on the 21st day of November , 1997.
Read by title and passed on final reading on the 15th day of December, 1997 .
Published by title as Ordinance No . Ji_, Series of 1997 , on the 19th day of
December, 1997.
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I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy ,..e.fi the Ordinance passed on final
reading and published by title as Ordinance No . Qi., Series of 97 .
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COUNCIL COMMUNICATION
Date Agenda Item Subject Bill for an Ordinance:
New Liquor License Fee
November 17, 1997 10 a i Concurrent Review
Initiated By Staff Sources
City Clerk's Office/Liquor Licensing Authority Frank Gryglewicz, Director of Financial Services
Brenda Castle , Deputy City Clerk
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council has not acted previously on this matter.
RECOMMENDED ACTION
State of Colorado Liquor Code Regulation 47-137.1 (now 47-324) became effective December 1, 1996 ,
creating the provision for Concurrent Review of new liquor license applications. Under this regulation,
t he State can review an application at the same time that the loca l authority is conducting their review,
thus saving the applicant two or more weeks in the licensing process.
§5-3B-5 Englewood Municipal Code 1985 specifically addresses local liquor license fees. This
proposed bill for an ordinance will make Concurrent Review an option for the applicant in our liquor
licensing process.
Staff and the Liquor Licens ing Authority recommend adding the provision for Concurrent Review to §5-
3B-5 and , in keeping with past practice, setting the fee at $500.00 , in accordance with the State
allowed maximum .
FINANCIAL IMPACT
The financial impact is anticipated to be minimal.
LIST OF ATTACHMENTS
State of Colorado Liquor Code Regulation 47-324
Proposed Bill for an Ordinance
Regulation 47-324. Concurrent Application Review.
A. A local licensing authority, or a license applicant with local authority approval, can
request that the state licensing authority conduct a concurrent review of a new license
application prior to the local licensing authority's final approval of the license
application. Local licensing authorities who permit a concurrent review will continue to
independently review the applicant's license application for the purpose of establishing
the reasonable requirements of the neighborhood, the suitability of the character,
record and reputation of the applicant and its principals, the fitness of the applicant's
premises for occupancy in compliance with the provisions of Articles 46 and 47 of Title
12 C.R.S., and any other provisions required for local authority determination as
provided for in these articles.
B. When conducting a concurrent application review, the state licensing authority will
advise the local licensing authority of any items that it finds that could result in the
denial of the license application. Upon correction of the noted discrepancies , the state
licensing authority will notify the local licensing authority of its conditional approval of
the license application subject to the final approval by the local licensing authority. The
state licensing authority will then issue the applicant's state liquor license upon
receiving evidence of final approval by the local licensing authority.
C. All applications submitted for concurrent review must be accompanied by all applicable
state license and application fees. Any applications that are later denied or withdrawn
will allow for a refund of license fees only. All application fees provided by an applicant
shall be retained by the respective licensing authority.
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